✦ Supreme Court of India · 25 Mar 2025

Srikrishna Kanta Singh v. The Oriental Insurance Company Ltd & Ors.

Civil Appeal No. 4380 of 2025SUDHANSHU DHULIA, K VINOD CHANDRAN15 min read

Case at a glance

Outcome

Allowed

The appeal stands allowed with the above directions

Provisions considered

Judgment

3 S.C.R. 1113 : 2025 INSC 394 Srikrishna Kanta Singh v. The Oriental Insurance Company Ltd. & Ors. (Civil Appeal No. 4380 of 2025) 25 March 2025 [Sudhanshu Dhulia and K. Vinod Chandran,* JJ.] Issue for Consideration Whether on facts, the Tribunal and the High Court erred in finding contributory negligence on the part of the driver of the scooter; whether contributory negligence could have been concluded on the ground of the scooter driver having only a learner’s license. Headnotes† Motor Vehicle Act, 1988 – Motor accident claim – Contributory negligence – When not – Appellant, riding pillion on a scooter met with an accident with a trailer leading to amputation of his legs – Tribunal and the High Court found contributory negligence on the part of the scooter owner-driver too holding that the negligence on the part of the trailer driver was only partial – Interference with: Held: Tribunal and the High Court erred in finding contributory negligence of the scooter driver – The trailer was being driven rashly and negligently – Thus, the mere fact that the driver of the scooter had only a learners licence would not necessarily lead to a conclusion of contributory negligence on his part – There can be no negligence found on the scooter driver also by the mere fact that the accident occurred on a collision at the tail-end of a long trailer, when the scooter driver had better visibility; which is a question of fact liable to be proved and not merely presumed –The scooter driver absolved of the contributory negligence – On the peculiar facts and circumstances of the case, compensation of ₹16,00,000/- awarded – Appellant entitled to compensation from the insurer of the offending vehicle-trailer – Just compensation. [Paras 13, 14, 16] Motor accident claims – Just compensation – Grant of: Held: The claim petition does not bind the Court in granting just compensation. [Para 16] * Author 1114 [2025] 3 S.C.R. Motor accident claims – Standard of proof – Preponderance of probabilities: Held: In a motor accident claim, there is no adversarial litigation and it is the preponderance of probabilities which reign supreme in adjudication of the tortious liability flowing from it. [Para 11] Case Law Cited Sudhir Kumar Rana v. Surinder Singh [2008] 7 SCR 871 : (2008) 12 SCC 436 – relied on.

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The appeal stands allowed with the above directions

Which statutory provisions did this judgment involve?

Motor Vehicles Act, 1988 — s. 166.

Which court decided this case, and when?

Supreme Court of India, on 25 Mar 2025. The bench was SUDHANSHU DHULIA, K VINOD CHANDRAN.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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